1. Law
  2. Jurisprudence
  3. Rethinking Legal Reasoning

Rethinking Legal Reasoning

Geoffrey Samuel ,

 
Tap to preview
lazy-nofade placeholder
lazy-nofade placeholder

About the eBook

‘'Rethinking’' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?

At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning.

The author also puts forward two key ideas. First, that the legal notion of an '‘interest’' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable ‘'epistemological attitude’' for understanding, if not rethinking, reasoning in law.

This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.

Show more

In The Press

About the Author

  • Publisher:
  • Published: ; Copyright:
  • ISBN:
  • Edition:
  • Title:
  • Series:
  • Author:
  • Imprint:
  • Language:
  • Number of Pages:  [disclaimer] Page count shown is an approximation provided by the publisher. The actual page count will vary based on various factors such your device's screen size and font-size.

Read online

You can read this ebook online in a web browser, without downloading anything or installing software.

Download file formats

This ebook is available in file types:

This ebook is available in:

After you've bought this ebook, you can choose to download either the PDF version or the ePub, or both.

DRM Free

The publisher has supplied this book in DRM Free form with digital watermarking.

Required software

You can read this eBook on any device that supports DRM-free EPUB or DRM-free PDF format.

Digital Rights Management (DRM)

The publisher has supplied this book in encrypted form, which means that you need to install free software in order to unlock and read it.

Required software

To read this ebook on a mobile device (phone or tablet) you'll need to install one of these free apps:

To download and read this eBook on a PC or Mac:

  • Adobe Digital Editions (This is a free app specially developed for eBooks. It's not the same as Adobe Reader, which you probably already have on your computer.)

Limits on printing and copying

The publisher has set limits on how much of this ebook you may print or copy. See details.

  • {{ format_drm_information.format_name }} unrestricted {{ format_drm_information.format_name }} {{format_drm_information.page_percent}}% pages every day{{format_drm_information.interval}} days {{ format_drm_information.format_name }} off
Read Aloud
  • {{ read_aloud_information.format_name }} on {{ read_aloud_information.format_name }} off
Categories
  •  > 
ISBNs